Fact Checking Murray Newman

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On Thursday, Judge Larry Gist issued 36 findings of prosecutorial misconduct against Kelly Siegler in the David Temple murder case. I wanted to give you a little background on Ms. Siegler so the Big Jolly readers can remain the most knowledgeable folks on Harris County criminal justice issues.

Kelly and the Jiggery-Pokery Gang united for Kelly’s unsuccessful DA bid in 2008. The gang existed in many forms long before 2008; but, Kelly’s 2008 campaign announcement provided the first opportunity for a public group photo. The gang photo clarifies their unification to the outside viewer.

Like all gangs, there is a hierarchy. Ms. Siegler is the central figure and, generally, close proximity to the leader in the photo denotes a higher rank; although, a few things have changed since 2008. The judiciary members are not as obvious; but, they are certainly a very important part of this gang. Some judges, like Susan Brown, act as capos within the organization. The group also acts to protect other gang members or affiliates, not unlike most street gangs.

David Temple is a difficult case because so many have prejudged his guilt based on Kelly’s facts. Heck, he was already convicted and sentenced. He was cheating on his pregnant wife and later married his mistress. It is easy to hate his behavior. But, the current issue is not about David Temple’s innocence. It is about fundamental fairness and justice. A rigged game is not justice.

When the wrong man is convicted, we are all to blame. It is the responsibility of every citizen, voter, and human being to learn about our criminal justice system and make sure that justice for all actually means something.

We, as Harris County citizens, need to take very seriously who we elect as DA and misdemeanor and felony judges. It cannot be a popularity contest foisted on the precinct chairs by the political consultants. The Jiggery-Pokery Gang has a history. Their affiliates have a history. And certain political consultants, like Allen Blakemore and Mary Jane Smith, are the promoters of these gang members.

“Mr. Long and the investigators pressured me to testify that Antonio was at the scene and was the shooter. They stated to me that if I helped them out, they would help out.”

Excerpt from an affidavit by Sharonda Cooper, a neighbor who testified against Antonio Williams.

This is just a sampling of the prosecutorial misconduct developed and perpetrated by the gang.

The Jiggery-Pokery Gang furthers their agenda in a number of ways. Remember, for the most part, these are lawyers and highly educated people operating in and around the DA’s office. Like all gangs, they use tools common to their surroundings. Here, the gang uses the grand jury system, media, courts, and certain judges to further their agenda.

The DA’s office is very similar to junior high or high school; so, it is very simple for the inner circle to use their popularity and cunning ways to get their way. The group treats Kelly like a deity or party-animal homecoming queen.

Nothing that has come out concerning Siegler’s prosecution of David Temple is new. Siegler employed the exact same methods used by Ken Anderson on Michael Morton, an innocent man wrongly convicted of murdering his wife in Williamson County. In the Morton case, the prosecutor lost his law license and went to jail.

The media is culpable in the gang’s rise to power. So often, the media relies on information used in their stories provided by gang members. This is an important fact because it allows the gang members to assert their narrative. Siegler carefully uses her minions to plant stories in the media, which are used to build her image and television career. Think about how often Chip Lewis, a Kelly crony, is quoted by reporters. It is a game and justice is not the goal.

The win-at-all-costs mentality flourished during the Rosenthal administration. Chuck Rosenthal allowed Kelly and others to run amok.

Devon Anderson promised to return the DA’s office back to the old days, which is code to the gang members for win-at-all-costs. Many members of Kelly’s crew also roll with Devon. The Lykos administration threatened to out this group and their misdeeds; so, they only had one choice: to destroy reputations. That is why, when Kelly ran for DA in 2008, Murray Newman, Kelly’s Minister of Propaganda, created a blog to perpetuate the Kelly myth.

It is high time for people to know the truth about injustice in Harris County. David Temple’s lawyers have asked that an attorney pro tem or special prosecutor be appointed. This would be a start; but, as in the Michael Morton case involving Ken Anderson and the Anthony Graves case, a Court of Inquiry was formed to investigate the misdeeds on a much broader level. If you have been a reader of this blog for any length of time, you are aware of lots of misdeeds reported here involving the District Attorney’s office. It is time for the Republican Party to join with others and lead the charge to clean up the courthouse and the District Attorney’s office.

For years, Houstonians have heard of problems with the Houston Police Department. Historically, these issues surrounded police brutality – think Joe Campos Torres. In 2003, the city was shocked to learn about the total failing of the HPD Crime Lab. Instead of solving the root problem of incompetence and poor internal governance, our local government has simply created smoke and mirrors. Recently, Annise Parker created a local government corporation to “control” the crime laboratory; however, problems still remain.

The purpose of the criminal justice system is to hold people accountable for their conduct and make a community safe. Our local government seems to believe that their allegiances are to the police union rather than the people of Houston. The District Attorney’s office is meant to be that checkandbalance – the watchdog of the police.

Now, the police department is embroiled in one scandal after another that festers because the DA’s office can’t or won’t do its job. Ryan Chandler is just the latest exampleof poor law enforcementleadership manifesting itself through shameless politics and mismanagement. I say this because Chandler is indicative of the problems of the crime lab, HPOU, and the command structure of HPD itself.

The HPD organizational structure is very top heavy. Each division has a number of chiefs and captains; yet, people like Ryan Chandler are permitted to exist for years. Tim Oettmeier serves as an Executive Assistant Chief over the Homicide Division at the Houston Police Department, which meant he headed up investigations during the time of theChandler scandal. Somehow, he missed the fact that Chandler’s supervisors continued to offer identical performance evaluations.

It is no wonder that HPOU is linked up with Allen Blakemore – they both have a desire to control the local law enforcement scene. After the Pat Lykos administration prosecuted HPOU members for theft, the union paired with Allen Blakemore in November 2012 to criticize Lykos’s trace policy that had been in effect for two years. Of course, this was the public kickoff to Blakemore’s campaign to take back the DA’s office.

The truth was that Lykos, at the encouragement of senior prosecutors (who would later support her opponent), announced that, beginning in January 2010, the Harris County District Attorney’s office would not prosecute cocaine possession cases where the amounts were so small that the evidence could not be retested by the defense. At the time, the police union said that they would work together with the DA’s office.

Two years later, the union acted like they were horrified by this trace policy, even though it had been in effect for two years. The union teamed up with Blakemore to take back the DA’s office. A group of folks either sat idly by or actively participated in using a grand jury for an unlawful purpose, to oust a District Attorney.

Now, the current DA is supported by the union and is also a Blakemore client. Feel safer?

What is the future for the Houston Police Department? The agency ordered a recently-released Operational Staffing Report. As you may guess, the police report says that there is a staffing shortage and the answer to unsolved crime is more police. Instead of maximizing current staff, the Houston Police Department wants to keep the same structure and continue down the path of a less-safe Houston. This department wants the public to pay them to raise the crime rate. It has become a culture to them. Our elected officials need to reverse this problem by paying them to lower the crime rate with real results. In the last ten years, the police department’s budget has increased from $431 million to over $800 million – and not one officer has been added to the force. Truly, not only are we less safe; but, the officers themselves are less safe because of the outdated structure.

The future without change is that this reactive justice system will spiral out of control and our city will be overrun by the criminal element. It is time for our local leaders to use this opportunity to make a structural change to the Houston Police Department. Unfortunately, I don’t think the current leadership has the guts to make these necessary changes. It is easier for everyone to continue to support the union and the outdated structure. That way, no one risks a political endorsement. It is a culture of complacency.

Why does the Harris County District Attorney’s office permit expensive special prosecutors like Jim Mount on certain cases; but, when a HPD homicide detective (married to a Harris County Assistant District Attorney) is accused of lying and potential criminal activity, the case is shipped off to the office of a former police union lawyer? And, of course, it was not surprising to see Chip Lewis, the DA’s favorite defense attorney, insert himself into the Chandler situation. Maybe that relationship deserves a closer look.

So, are we safer without Chandler?We know that solving crimes makes us safer. Holding people accountable for their actions is necessary to prevent future crime. Future offenders need to understand that this behavior will not be tolerated in our community. Firing one guy fails to attack the root of the systemic problem. Without pulling up this root, we will remain unsafe.

The disciplinary records reveal that the investigation involving (former) HPD Homicide Detective Ryan Chandler began because members of the District Attorney’s office, presumably prosecutors, complained that Chandler refused to testify about his cases at trial. Stunning.

HPD Homicide and members of the District Attorney’s office knew about Chandler’s problems and, possibly, the missing files, when Pat Lykos was the Harris County District Attorney.

The disciplinary records state that Chandler made false entries into offense reports.

In a case where a convenience store clerk was murdered, HPD developed the suspect in 2007 and failed to investigate the case until May 2010.

After a 2005 murder, two eyewitnesses quickly identified a suspect. Even though a suspect was identified, Council Member Ed Gonzalez’s only effort to find the suspect was to contact the suspect’s wife via the telephone. Years later, the suspect was deported to Honduras without prosecution on the homicide case and the victim’s family is left without justice.

The Harris County District Attorney’s office forwarded the case to Montgomery County District Attorney, Brett Ligon, a former attorney for the Houston Police Officers’ Union (HPOU). Chandler is now represented by an attorney for the HPOU.

Ligon concluded that no criminal wrongdoing occurred without an impartial grand jury investigation.

If the HPD Homicide Division was having problems, shouldn’t the sitting Harris County District Attorney be told immediately about these issues? We know that, at a minimum, the problems with Chandler began to come to light when Pat Lykos was the District Attorney. Shouldn’t someone have told the sitting district attorney about a homicide detective’s refusal to testify?

Following the publication of Pinkerton’s story, I spoke with Lykos and Jim Leitner, her First Assistant. Neither Lykos nor Leitner knew anything about an investigation into Chandler or any other homicide detective. This is stunning because the article by Pinkerton states that, in 2012, members of the District Attorney’s office complained about Chandler to the Houston Police Department.

The revelation of Chandler’s refusal to testify presents more questions than answers.

Who first discovered Ryan Chandler’s refusal to testify?

Did they tell anyone?

Did they take any action?

Who knew about Ryan Chandler’s refusal to testify?

When did they know?

When did HPD Homicide learn about Ryan Chandler’s refusal to testify?

Did they tell anyone?

Did they take any action?

Were individuals convicted without Chandler’s testimony? If so, who are these defendants?

Has anyone identified these cases to the defense bar?

Did the Anderson administration know about Chandler’s refusal to testify in homicide cases when they accepted his $550 campaign donation?

How could prosecutors at the Harris County District Attorney’s office know about Chandler’s refusal to testify without telling Lykos or Leitner? Were they friends with Chandler’s girlfriend, a Chief felony prosecutor and leader of the conviction integrity unit? Were they waiting for the Anderson administration to sweep this under the rug? Did they ever plan to tell the defense bar about these problems? Will there ever be any Brady disclosures?

There needs to be an impartial investigation by the Washington based Department of Justice Public Integrity Unit or the Texas Rangers. One of the Democratic Judges needs to appoint a Special Prosecutor. This is public corruption at its worse involving law enforcement and members of the Harris County District Attorney’s office.

It has been widely reported that Harris County DA’s office decided to send the HPD homicide investigation to Montgomery County DA Brett Ligon. While this is not a crime in and of itself, Houstonians deserve a complete and independent investigation by a source free from connections to HPD. I am sure that Harris County District Attorney Devon Anderson would argue that she would have been criticized if Harris County had retained the investigation or farmed it out; but, was it really necessary to send the investigation to the district attorney with direct connections to the Houston Police Officers’ Union? This is a fundamental question of judgment.

Mike Anderson whispering to his 4 time appointed grand jury foreman Patricia Pollard, and the grand jury foreman of the 185th grand jury.

Then, Allen Blakemore’s connection to everything evil cannot be overlooked. He served as Mike’s political consultant. He is currently Devon’s consultant. He is Brett Ligon’s consultant. He has a relationship with the police union. It is public record now that Allen Blakemore knows how to use a grand jury for a political purpose: think 185th. That evildoing involved Judge Mike Anderson’s longtime grand juror, Patricia Pollard, along with Blakemore, Judge Susan Brown, and many others. A picture is worth a thousand words.

While this group is willing to use a grand jury (along with special prosecutors, the District Attorney’s office, and judges) for a political purpose, the real issue is the grand jury system. The major metropolitan areas in Texas have done away with the grand jury commissioner system. Not only is it unnecessary, it is unjust. The commissioner system allows judges to pick their friends as commissioners and grand jurors. It permits people like Pollard to sit on multiple grand juries for the same judge. We know that she served as Mike Anderson’s grand jury foreman for four grand jury terms.

There is a just alternative: selecting grand jurors from the jury pool. A few Harris County District Court judges have pulled their grand jurors from the jury pool; so, selection from the jury pool can certainly be done in Harris County. Of course, this system would not allow judges like Susan Brown to put together a political grand jury. It would also stop shenanigans like Judge Marc Brown, Susan’s husband, appearing before his wife’s grand jury without a prosecutor. And, a grand jury from the jury pool would easily sniff out “special” prosecutors like Jim Mount and Stephen St. Martin.

Sorry I have been remiss in posting about your and Chip’s misdeeds. I did want to thank you for placing your $85,000 into the Lynn Hughes’ court registry for Rachel. Now please understand we are adding the additional legal fees incurred by you for your completely bogus and laughable response to our response. Not that you ever had a discernible case for anything but a frivolous suit but your latest filing takes the cake! We all laughed and are betting you wrote it because no competent lawyer would send that to the 5th circuit.

Now we need all your money so keep up the good work. Watch what the 5th circuit does with our request for additional fees for your continued stupidity. Consider this a teachable moment for your law career and hey who knew you could be the law of the land and the case on point for the Citizen’s Participation Act. Elected officials everywhere thank you, well except Devon Anderson who this will turn out worse for her then you. I thank you and Chip for the opportunity, and yes I am having fun putting you in the poor house!

You need to go back and read these posts, pretty uncanny how I predicted your demise. You are a fool and soon be parted from all your money!

By now you know there is a “turn over” order sitting on Judge Hughes’ desk for your assets. Understand, you wanted to make this personal so now I do too.

You need to get Scott and Chip and go down to Hughes’ court and explain why the order should not be granted. Understand that the argument should include some sort of explanation of why you filed a frivolous lawsuit since you made 500,000 dollars over the last two years. We will get every dime of your money and with a letter of recommendation from us for law school.

Yes, my hand is sore from slapping your lawyers around the courthouse and commissioner’s court, again. You should notice a missing item from yesterday’s agenda from Commissioner’s Court.

Rachel Palmer wins again

One thing about being bullied is that if you are willing to step up and fight back, you usually win. Harris County Assistant District Attorney Rachel Palmer, who along with former Harris County District Attorney Pay Lykos was the subject of a politically motivated witch hunt, was willing to step up and fight back. And win she did.

This past Wednesday, Federal Judge Lynn Hughes issued an order forcing the plaintiffs in a frivolous lawsuit against Palmer, Amanda Culbertson and Jorge Wong, to pay Palmer $82,101 in attorney’s fees. Click here to view the order.

Because Culbertson and Wong brought baseless claims in an attempt to construct a case out of an administrative policy they did not like, they must pay the reasonable attorney’s fees incurred in defending their suit. They may use legal action in their politics, but they are responsible for the consequences.

Let me repeat that last line:

They may use legal action in their politics, but they are responsible for the consequences.

I remain convinced that the real culprit here was the attorney pushing Culbertson and Wong, Chip B. Lewis, along with other supporters of former Harris County DA Mike Anderson (deceased). Hopefully Culbertson and Wong will find a way to make Mr. Lewis pay the $82,101 because they were nothing more than pawns used in an attempt to smear Palmer and Lykos. Perhaps the campaign account of Anderson could chip in because that campaign certainly profited from the smears.

It is an absolute disgrace that these people used a runaway grand jury as a tool to get Anderson elected to office and then used a couple of pawns like Culbertson and Wong to continue the smear.

Congratulations to Rachel Palmer for being a fighter and standing up to the bullies, although it is no surprise. She fights for the citizens of Harris County every day in the courtroom, putting the worst of the worst in our society behind bars where they belong. Those now in positions of power at the DA’s office continue to hold her back and bypass her for promotion. It will take time for this smear job to go away (and the current regime to get booted out of office) but perhaps someday the people of Harris County will recognize her work and elect her to lead the DA’s office and put integrity back in the place.

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Author: Don Hooper

This blog was started in response to a cyberbully by the name of Murray Newman. Newman blogged anonymously until he was fired for incompetence from the Harris County District Attorney’s office. Newman had started a blog called “Life at the Harris County Criminal Justice Center” and had neither registered the domain or the DBA, I did. Newman regularly published untrue statements about my wife who he had never met. Today there are several Judges who regularly give him court appointments and Murray can often be seen schlepping vouchers to them for signature. God help his clients.